Administrative penalties

(a) As an alternative to criminal or other civil enforcement, the commissioner of driver services in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner of driver services shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of driver services may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article. 704 40-5-88 DRIVERS’ LICENSES History. Code 1981, § 40-5-88, enacted by Ga. L. 1985, p. 758, § 14; Ga. L. 1990, p. 2048, 40-5-100 § 4; Ga. L. 1992, p. 2785, § 19; Ga. L. 2000, p. 951, § 5-44; Ga. L. 2003, p. 796, § 7; Ga. L. 2005, p. 334, § 17-21/HB 501. ARTICLE 5 IDENTIFICATION CARDS 40-5-100. Application; contents of card; prohibition on possession of more than one card; optional contributions to and participation in voluntary programs. (a) The department shall issue identification cards to any resident, as such term is defined in Code Section 40-5-1, who makes an application to the department in accordance with rules and regulations prescribed by the commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers’ licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers’ licenses, shall be in physical format and, upon election of the applicant, in an electronic format, and may contain a recent photograph of the applicant and include the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Signature of person identified or facsimile thereof; (10) Designation of participation in an anatomical gift donation program when such person is eligible to make such gift pursuant to Code Section 44-5-142; and (11) Such other information or identification as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application. 705 40-5-100 MOTOR VEHICLES & TRAFFIC 40-5-100 (b) An identification card issued pursuant to this Code section shall be valid for a period of eight years, shall bear the signatures of the commissioner and the Governor, and shall bear an identification card number which shall not be the same as the social security number. (c)(1) No person may possess more than one identification card issued pursuant to this Code section; provided, however, that this subsection shall not be construed to prevent a person issued a driver’s license, instruction permit, or limited driving permit pursuant to this title from also possessing an identification card issued under this article. (2)(A) Any person who applies for an identification card shall indicate on such application whether he or she is in possession of any other valid identification card, driver’s license, instruction permit, or limited driving permit issued pursuant to this title or by any other jurisdiction. (B) Except as provided in paragraph (3) of this subsection, each applicant for an identification card shall surrender to the department any valid identification card, driver’s license, instruction permit, or limited driving permit previously issued pursuant to this title or by any other jurisdiction. The department shall physically mark any surrendered identification card, driver’s license, instruction permit, or limited driving permit in a manner which makes it apparent that such card, license, or permit is no longer valid and return the card, license, or permit to such person. (C) The department shall issue a receipt to a person eligible to be issued an identification card pursuant to the requirements of this title. Such receipt may be used as proof of issuance until the person has received his or her permanent identification card. (D) If a surrendered identification card, driver’s license, instruction permit, or limited driving permit was issued by another jurisdiction, the department shall forward the surrendered card, license, or permit information to the previous jurisdiction. (3)(A) Any noncitizen who is eligible for issuance of an identification card pursuant to the requirements of this title and is in possession of an identification card or driver’s license issued by a foreign jurisdiction may be issued an identification card without surrendering the foreign driver’s license or identification card. This exemption shall not apply to a person who is required to terminate any previously issued identification card pursuant to federal law. (B) The department shall make a notation on the driving record of any person who retains a foreign identification card or 706 40-5-100 DRIVERS’ LICENSES 40-5-100 driver’s license, and this information shall be made available to law enforcement officers and agencies on such person’s driving record through the Georgia Crime Information Center. (d) An application for identification card renewal may be submitted by: (1) Personal appearance before the department; or (2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to customers, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from the surrender requirement in this Code section. (e)(1) The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia. (2) The department shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization information provided for in Article 6 of Chapter 5 of Title 44, the “Georgia Revised Uniform Anatomical Gift Act,” including the name, identification card number, date of birth, gender, and most recent address of any person who obtains an organ donor identification card; provided, however, that the gender information shall be made available only to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs of providing such information. Information so obtained by such organizations and centers shall be used for a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated. (f)(1) The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding blindness and to address the need for blindness prevention screenings, treatments, and rehabilitation for the benefit of the citizens of Georgia. (2) Each application form for issuance, reissuance, or renewal of a identification card under this Code section shall include language permitting the applicant to make a voluntary contribution of $1.00 to be used for purposes of preventing blindness and preserving the sight of residents of this state. Any such voluntary contribution shall be 707 40-5-100 MOTOR VEHICLES & TRAFFIC 40-5-101 made at the discretion of the applicant at the time of application in addition to payment of the identification card fee prescribed by the commissioner. (3) Voluntary contributions made pursuant to this subsection shall be transmitted to the Department of Public Health for use thereby in providing the blindness education, screening, and treatment program provided by Code Section 31-1-23. (g) Any eligible applicant child or youth 14 to 17 years of age who does not have an address of residence or is in the legal custody of the Division of Family and Children Services of the Department of Human Services shall not be required to have a parent, guardian, or responsible adult sign or verify the application for an identification card. History. Ga. L. 1973, p. 807, § 1; Ga. L. 1976, p. 1421, § 2; Ga. L. 1984, p. 1674, § 1; Ga. L. 1986, p. 395, § 1; Ga. L. 1988, p. 897, § 4; Ga. L. 1990, p. 1913, § 2; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 2785, § 20; Ga. L. 1995, p. 920, § 4; Ga. L. 1996, p. 1250, § 7; Ga. L. 1997, p. 1443, § 2; Ga. L. 2000, p. 951, §§ 5-45, 5-46; Ga. L. 2004, p. 631, § 40; Ga. L. 2005, p. 334, § 17-23/HB 501; Ga. L. 2005, p. 1122, § 4/HB 577; Ga. L. 2008, p. 1154, § 5/SB 488; Ga. L. 2010, p. 932, § 18/HB 396; Ga. L. 2014, p. 710, § 7-1/SB 298; Ga. L. 2015, p. 60, § 420/SB 100; Ga. L. 2016, p. 385, § 9/HB 806; Ga. L. 2017, p. 184, § 5/HB 136; Ga. L. 2020, p. 199, § 3-4/HB 463; Ga. L. 2024, p. 323, § 1/SB 387, effective July 1, 2024; Ga. L. 2024, p. 1052, § 4(56)/SB 448, effective July 1, 2024. Amendments. The first 2024 amendment, effective July 1, 2024, added subsection (g). The second 2024 amendment, effective July 1, 2024, part of an Act to revise, modernize, and correct the Code, deleted “personal” preceding “identification” in the first sentence of subsection (a), in paragraph (e)(2), and twice in paragraph (f)(2).